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(영문) 의정부지방법원 고양지원 2014.10.08 2014고단1382
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives B's car driving as his duties.

1. On February 20, 2014, in order to turn to the left at the right angle of the Mansan-dong, Sinyang-si, Sinyang-si, the duty of due care is to prevent accidents by accurately operating the steering gear, steering gear, and brake devices, and to prevent accidents from spreading.

Nevertheless, the driver neglected this and neglected to turn to the left at the intersection in the state of the driving, and received the front part of the victim C(44 years old, south) driving at the level of the defendant's moving direction, the front part of the driver's vehicle of the victim C(44 years old, south) in front of the defendant's driving vehicle.

As a result, the above victim suffered a scarcity in need of a medical treatment for about one week.

2. On the date and time referred to in Paragraph 1, the Defendant is driving the said vehicles in the state of 0.110% alcohol concentration at approximately 15 km from the upper corner in front of the Red-ro University, Mapo-gu, Seoul to the front intersection of the Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Application of C’s written laws and regulations

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, Article 44 (1) of the Criminal Act (the occupation of a sound driving and the selection of a fine)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the punishment shall be aggravated for concurrent crimes with the punishment stipulated for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier than the punishment, but the maximum

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order is based on the following: (a) the degree of injury inflicted on the victim by the instant crime; and (b) the Defendant has agreed smoothly with the victim.

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